Who Can Witness My Will?

Table of Contents

Share at:

A will is a legal document which outlines how your assets will be distributed and divided following your death. It is important to have a will as it prevents your property and assets from being distributed in a manner not to your preference following your death. However, when you make your will, you must have someone witness it.

Make your wishes known in a matter of minutes. Create your Will today.

Complete, customise and download your first legal document for free.

A will is valid when the testator, the individual who it concerns, has understood and approved the will. The testator must sign their will in the presence of 2 or more witnesses present at this time. At least 2 of those witnesses must confirm that the testator signed. They must sign the will in the presence of testator, but not in the presence of one another. Your will is carried out by an executor, whose primary duty is to collect the assets and distribute them to your nominated beneficiaries. These are the individuals who are listed in your will to receive your assets.

The criteria for who can witness your will is:

1. They must be an adult

The law states that a witness must be a legal adult, meaning that any individual under 18 cannot legally witness your will.

2. They cannot be a beneficiary of your will

If beneficiaries act as witnesses, their share of the will would be void under Australian law. Interested parties listed in the will, such as family members and executors, could unfairly influence the testator’s will. This rule is known as the Witness-Beneficiary Rule.

Example

David has listed his daughter, Sally, as the sole beneficiary to his will. He has drafted it and wants her to be the witness. If he does this, the will won’t be valid. David gets his family solicitor to witness the will instead.

3. They must be able to see

A blind person is unable to act as a witness for a will. This is as the witness must be able to attest that the people signing have been correctly identified. Additionally, the witnesses do not need to know they are signing a will.

It is important that you consider these requirements when selecting witnesses for your will. Your will allows you to distribute your property and assets to your loved ones after your death, which is why it’s important to ensure that it’s legally enforceable. If you require any assistance in writing a will, you can refer to our article on How do I make my will or you can contact an estate planning lawyer.

Find the perfect lawyer to help your business today!

Get a fixed-fee quote from Australia's largest lawyer marketplace.

Share at:

Simplify creating legal documents today

Browse through Lawpath's AI tools which can be used to draft, review and refine legal documents today!

Related Articles

Fixed Term Contracts: An Explainer

Considering hiring a fixed term employee? Or not sure whether they should be a permanent employee? Find all about fixed term contracts here.

How Do Probationary Periods Work?

Unsure whether your new employee is the correct fit? Why not try a probationary period? Learn what you need to know here.

A Guide to NES: The 11 Employment Entitlements

Understanding an employers obligations under NES is extremely important. Read on for more about NES: The 11 Employment Entitlements.

Garden Leave: Advantages and Disadvantages

Wondering if you should have a garden leave clause in your employment contract? Check out the advantages and disadvantages of garden leave.

How to Transfer a Trademark: Trademark Assignment

Trademark owners may transfer the rights to use their trademark through licensing or full assignment. Find out more in this article.

How to Set Up a Family Trust (2026 Update)

Complete guide on setting up a family trust in Australia. Covers the step-by-step process, choosing a trustee, tax rules, benefits for asset protection, and costs.